DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6072)

BENLINC PTY LTD T/AS BENLINC CRANES AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 OCTOBER 2016

Application for approval of the Benlinc Pty Ltd T/As Benlic Cranes and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Benlinc Pty Ltd T/As Benlic Cranes and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of the Benlic Cranes and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The dispute involved the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009, focusing on whether the enterprise agreement met the requirements for approval under the Act.

The legal issues centred on whether the agreement was genuinely an enterprise agreement, if it contained any provisions that would otherwise render it invalid, and if it complied with the good faith bargaining requirements. The Commission needed to determine whether the agreement was negotiated in good faith and if it included all necessary terms and conditions of employment as required by the Act.

The Commission found that the agreement was genuinely an enterprise agreement, as it was negotiated in good faith and contained all necessary terms and conditions of employment. The Commission also found that the agreement did not contain any invalid provisions and complied with the good faith bargaining requirements. Therefore, the Commission approved the agreement.

As a result, the Construction, Forestry, Mining and Energy Union's application for approval of the Benlic Cranes and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 was approved. The agreement is now legally binding on the employer and the employees covered by the agreement.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established